The problem isn't whether the patent is in software, it's that that patent office grants patents on trivial things.
Should be patentable: RSA
Should not be patentable: One click
The patent office needs to say "what problem does this claim to solve?" and then "if someone skilled in the art were faced with that problem, would the claimed invention really be novel and non-obvious".
RSA passes this test. Problem: secure encryption without prior secure key exchange. Solution: innovative math that makes that possible.
One click does not. Problem: if customers could avoid logging in multiple times, they'd buy more. Solution: set a cookie, using totally existing technology.
Some are still going to be borderline. Any useful rule is going to have questionable cases.
Should be patentable: RSA Should not be patentable: One click
The patent office needs to say "what problem does this claim to solve?" and then "if someone skilled in the art were faced with that problem, would the claimed invention really be novel and non-obvious".
RSA passes this test. Problem: secure encryption without prior secure key exchange. Solution: innovative math that makes that possible.
One click does not. Problem: if customers could avoid logging in multiple times, they'd buy more. Solution: set a cookie, using totally existing technology.
Some are still going to be borderline. Any useful rule is going to have questionable cases.